Shoplifting at Macys

hello ALL - any advice would be helpful

I was at macys a couple of days ago and carried a few items into the changing room... while i retuned the remaining stuff i put a couple of items
in my shopping bag while still thinking whether i should pay for them.
Eventually i came out of the changing room to return the other stuff and
was stopped by a security personnel who took me to the back of the store
and asked me to sign papers for shoplifted items. (128$)

I tried to explain my case that i didn’t leave the store with the items
but they wouldn’t listen so i kept quiet since i know i had done a mistake to begin with. the civil demand was signed and they also called the cops as per their policy .the cops were more helpful and understood my story but they
Couldn’t help me out much except not putting me behind bars .. just did the formal paperwork and asked me to appear in court and since this is first offence and no criminal history the court would leave me with a warning and community service .. but no conviction .. is that true .. ??

my questions are

1) since i didnt leave the store will the judge be lenient with me
2) do i need a lawyer or just plead guilty of the intention and ask for pardon
3) is it going to spoil my employment history .. in other words i dont want a criminal history or conviction of nay kind

I also told Macys that if they want i would like to settle the distpute by paying for merchandise but havent heard back from them. Please help as I am realy worried as what the judge would say

Please help me and point me in the right direction... i know what i have done is very stupid and shameful but since sometimes everybody does make mistakes is there any way to not be convicted of anything and never repeat this kind of thing again

Appreciate response from those people who have gone through this thing with Macys

How far were you away from the exit door when the guard stopped you, or were in an aisle?

Was here a sign reading "Do not bring any store merchandise?"

It would be best to find a criminal attorney. Have him/her to try and make an agreement with the DA. Usually the judge will go with the agreement. What ever attorney you do come out with, try to go for "attemted" if you were not near the door.

Check out these threads:

http://www.expertlaw.com/forums/showthread.php?t=2880
http://www.expertlaw.com/forums/showthread.php?t=3607
http://www.expertlaw.com/forums/showthread.php?t=4609
http://www.expertlaw.com/forums/showthread.php?t=4987
http://www.expertlaw.com/forums/showthread.php?t=7722

hey.. thanks for your response ....

i was not at all near the exit nor attempting to leave .. i was right in the middle of the store just looking around other things and thinking i should not leave with the items ..and thats why the cops were really co-operative after hearing my story .. infact they told me not to even pay macys their civil demand and contest it for a wavier but i am new to all this so i am not sure

Also can u suggest me some lawyers that are nto too expensive and can strike a deal with DA so i dont have anything on as a criminal record even if i neeed to pay macys the civil demand of 500 $ .. thats still ok becasue i have no choice since macys say that the intent was there .. i did a real stupid thing of putting it into my shopping bag insteads of holding it in hand. Also none of the items were damaged by me or anything

also just for information .. i dont have any criminal record at all .. not even a speeding or parking ticket or anything .. clean slate

It is not a felony because you have not been convicted of a previous one within 5 years. You might just need a court appointed attorney. I don't know if New york have charges for "Attempted Larceny." If they do, plead guilty for that. If they don't have "Atempted Larceny" you might want to plea "Not Guilty" of larceny if you were not on your way toward the exit door. It is a possible chance the DA will dismiss the trial. Your best bet is to describe everything to your attorney.

I would not pay anything to Macys before the court case. It also depends on what you signed when you were there.

thanks .. that makes me feel better

i didnt pay anything to macys ... but they made me sign stuff and although i refused a couple of times they didnt want to listen .. they said its the procedure of macys and u can get out of here without this .. i told this to this to the cops and they made a note of it and asked me to tell the judge onc ehe asks me to descrboe the events to DA .. and they kept saying .. dont worry nothing would happen

here is what i am looking for .. yes i did some stupid thing which i would never lis to repeat that being said i just want to settle it without having any criminal record in my name .. like paying macys off or community service or diversion program .. i need to know how i can achieve this .. can u guide me

1) also how can i apply for court appointed lawyer .. is there a website
from where i can apply ...??
2) would macys lawyers be present at court ..??
3) will the DA try and negotiate a deal so that a criminal record does not go on my name since i have nothing else on my record

Quote:

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Quoting shopliftingincident

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can u guide me

1) also how can i apply for court appointed lawyer .. is there a website
from where i can apply ...??
2) would macys lawyers be present at court ..??
3) will the DA try and negotiate a deal so that a criminal record does not go on my name since i have nothing else on my record

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No, I can not guide you, but I can give you advice.

1). No, there is not a website for a court appointed attorney. When you go to court the judge will ask if you want one if you are low-income. If you tell him yes, the judge will instruct you from there.

2). It is not a good chance Macys will have an attorney in court. If there is a formal hearing one of the security guards may appear as a witness.

3). Your attorney is the one that is suppose to speak with the DA and try to work out a settlement.

thanks again for your replies

at what income can one have a court appointed lawyer??
if u get a court appointed lawyer u have to go back on another date right ??
Also is it possible that if i dont get a lawyer and try to speak to the DA directly when i go to court ??

Most of the time the pre-trial is the first court date. If your pre-trial is or is not first, it does not matter, the judge will explain your rights. If you do not have an attorney, the judge will offer you one for the formal hearing if you wish to have a hearing.

If you cannot afford your own attorney, request a court appointed one. It depends if you can afford one or not.

You can speak to the DA if you want to be your own attorney. It will be diffucult because it seems like you don't know all about the law, court procedures, paper work, etc.

thanks for all the help you are providing here..

1) how can i get in touch with district attorney in nyc or can i
get in touch with him only on court date
2) as i said my only thing is not to have a criminal history
but the thing i dont want to hire an expensive lawyer is
they may have something on videotape .. thats how they knew
that put something in my shopping bag and he also knew what it was
so i cannot get the case dismissed

the thing that might help me is i didnt walk out with it when they approached me

the only thing i am trying to achieve/prepare for is pay the fine and get some community service and not have any criminal record because i work with clients in banking and if i go to apply for a project at a new client they genrally look up information so thats the only thing i want to get off

please advise the best way to do this even if it means hiring a lawyer for one sitting.... i dont know what the best way to negotitae this with the DA and the judge in the courtroom

also suprisingly the cops told me that just tell the judge the truth and he will ask u to ensure it dosent happen again and some community service .. nothing else will happen.. i dont know the basis behind that

I totaled your questions and comments together. Your best bet is to get a court appointed attorney. He will tell you everything.